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FISHERIES MANAGEMENT ACT 1991 - SECT 54 Orders for rectification of Register

FISHERIES MANAGEMENT ACT 1991 - SECT 54

Orders for rectification of Register

  (1)   A person aggrieved by:

  (a)   the omission of an entry from the Register; or

  (b)   an entry made in the Register without sufficient cause; or

  (c)   an entry wrongly existing in the Register; or

  (d)   an error or defect in an entry in the Register;

may apply to a prescribed court for an order to rectify the Register.

  (2)   On hearing an application, the court may:

  (a)   decide any question that it is necessary or expedient to decide in connection with the rectification of the Register; and

  (b)   make any order it thinks fit for the rectification of the Register.

  (3)   AFMA:

  (a)   must be given notice of an application; and

  (b)   may appear and be heard in the proceedings; and

  (c)   an AFMA staff member must appear if directed to do so by the court.

  (4)   A copy of an order must be served on AFMA by the Registrar or other appropriate officer of the court.

  (5)   On receiving the copy of an order, AFMA must rectify the Register accordingly.

  (5A)   This section, so far as it relates to the Supreme Court of Norfolk Island, has effect subject to section   60AA of the Norfolk Island Act 1979 .

  (6)   In this section:

"prescribed court" means the Federal Court of Australia, the Supreme Court of a State, the Supreme Court of the Australian Capital Territory, the Supreme Court of the Northern Territory or the Supreme Court of Norfolk Island.